St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1887-01-06
SPECIAL s.SskON.
why the Legls ;atglro was Not Con
Vened in 1SSS.

AN extra sion of the last legislature was
urged with considerable pressure for three
main purposes: to amend the laws for the
regulation of railroads and grain inspection,
to amend the tax laws and to make 81 leglsia-
tive apportiOnment Some were inclined to
see in the existence of three such supposed
occasions for immediate legislation an argu-
ment for a return 10 annual sessions.
In regard to the railroad and warehouse
laws, have no doubt that tho public judg-
ment as to the amendments necessary is more
harmouious and more just than it could have
been year ago, and that no considerable
harm has come from the delay.
The supposed occasion for an extra session
to amend the tax laws was decision rendered
by the supreme court in tue case Of Chauncey
VS.. WasS according TO which the payment of
taxes upon real estate and the possession Of q
freasurer's receipt therefor would not save
the owners title in case the property had
been improperly advertised and sold as delin-
quent, unless the fact of such payment were
shown before the so-called equity had become
barred by time. About the same time ii oc-
cRsioued general surprise TO learn that q pro-
vision of law requiring personal notice of the
expiration of the time of redemption to be
given by county auditors to owners of sup
posed delinquent real estate sold for taxes,
had been repealed by section of q SubSe-
Quept statute.
1t thus appeared that a citizen who had
discharged every obligation TO the state in
lClulu 1OI us pIOlCCllOu 10 HIS person dLlu MS
properly, and who felt himself secure in the
possession of q written ACKNOWLEDGMENT of
the states agent that he had paid his dues
might yet be made bankrupt and homeless
through the blunder of an official agent of the
state, under the statutes of the state as con.
Strued by the highest state court. IL would
be hard to conceive clearer case of
legalized robbery than the operation
of the law as construed by the court.
Ii is impossible to presume that the iegisla-
ture intended 1t should have any such effect,
and it is equally impossible to assume that
the forbearance of human nature Will ac-
Qulesce i'll its enforcement IF an extra ses-
sion had been necessary to save one single
citizen from the loss of his rights through
these surprising defects Or errors, it wOudhuYe
10 n called. Eut upon all fOrfeitureS already
attached legislation would have been inopera-
tive, and it was clear that the publicity given
through the press ana by excited public COM
ment TO the whole subject, 10 the Danger of
ruin in which every man might unwittingly
stand and to the means by which he could
ascertain the fact and avert loss, would pre-
vent the occurrence OF any new forfeiture
through surprise or mistake.
The supposed repeal Of the provision for
personal notice OF the expiration OF the re-
demption period has since been declared in
valid by the supreme court, being in violation
OF the section Of the constitution which for
bids that any law shall contain more than one
subject which IL ust be expressed in its title.
Il may rem ark that much time has been lost
in recent sessions by the iutrodu ction of bills
with titles defective in this respect. which
are often only corrected 10y recalling the bills
from the executive for that purpOse.)
The decision in the WasS case has Just been
reatirmed. by majority Of the court, after
REORGANIZATION. 1t has thus become your
duty TO provlue some relief or mitigation, if
any be possible. OF the injustice which may
follow from this hard construction, and to so
Z ht nv lnN~ gnft1 III,
payment of tax shall at all times be a valid
protection against ans claim t. real estate
based upon its alleged nOn-paymeut. You
should also inquire whether the present pro-
vision for notice Of the expiration of the re-
demption is sufficient.
The state census showed a population of
LIZ, 1913. The increase took place mainly in
tie nultLern part of the state and in the cit
les of ST Paul and Minneapolis. The purpose
of an enumeration by the state is plainly to
ascertain whether a reappOrtiOnment Of leg
isative representation is necessarl according
to the requirement Of the constitution that
representation shall be apportiontd equally
throughout the ditfer>nt sections OF the state
in proportion 10 the population thereof, and
TO furnish d guide for proper aportonment
If one be necessary.
The census shows beyond question that
representation is no longer proportional to
population, and it will be among your plain
est duties 10 readjust the representation to
conform TO the constitution. / do not doubt
your perfect willingness to discharge that
constitutional obligation. but you may prop
erIy be reminded that your assumed uuwill-
ingneSS TO meet the difficulties and incOnven-
fences Of reapportionment was strongly
urged upon me as u reason for calling to-
gether your predecessors for the purpose.
If similar circumstances should exist in
1885, as they probably will, hope your pres
ent action will confirm the confidence of all
IN thu t day, that the Minnesota legislature
will perform its DUTY, uuinfiuenced by per-
sonal consideration. This duty being per-
forme d it Will be seen that, so far as the
reasons urged for Il session in 1856 are con-
cerned, biennial sessions sufficiently answer
all purposes.